Item 4A1REGULAR CITY COUNCIL MEETING MINUTES: FEBRUARY 17, 2009
LOCATION
:1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT
: Mayor Andy Wambsganss, Mayor Pro Tem John Terrell,
and Councilmembers Laura K. Hill, Pamela Muller, Virginia M. Muzyka, and Vernon
Stansell.
CITY COUNCIL ABSENT
:Deputy Mayor Pro Tem Gregory Jones.
STAFF PRESENT
:City Manager Shana Yelverton, Assistant City Manager / Director of
Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City
Manager Alison Ortowski, Community Relations Officer Pilar Schank, Director of
Information Technology Dale Dean, SQL Database Administrator Sam Cobb,
Information Systems Technician Vicky Roche, Director of Community Services Chris
Tribble, Deputy Director of Community Services Kerry McGeath, Construction Manager
Peter Kao, Director of Finance Sharen Jackson, Director of Human Resources Kevin
Hugman, Director of Planning and Development Services Ken Baker, Chief Building
Official Paul Ward, Planner II Clayton Comstock, Planner I Daniel Cortez, Chief of
Police Services Robert Finn, Chief of Fire Services Mike Starr, Director of Public Works
Robert H. Price, Deputy Director of Public Works Gordon Mayer, Civil Engineer Michael
James, Civil Engineer Cheryl Taylor, Public Works Operations Manager Chuck
Kendrick, City Attorney E. Allen Taylor, and City Secretary Lori Payne.
WORK SESSION:
Agenda Item No. 1. Call to order. The work session was called to order by Mayor
Wambsganss at 5:08 p.m.
Agenda Item No. 2. Invocation. Chaplain of the Month Doug Allison gave the invocation.
Mayor Wambsganss led the pledge of allegiance.
Agenda Item No. 3. Discuss request by Alliance for Children for City of Southlake
participation in their Child Abuse Prevention Month awareness campaign. Assistant City
Manager Thatcher made opening comments and then introduced Associate Director of
Alliance for Children Julie Evans who presented this item to Council and answered their
questions.
Agenda Item No. 4. Discuss updates to Ordinance No. 895 water conservation and
Ordinance No. 662 drought contingency/emergency water management plan. Public
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Operations Manager Kendrick presented this item to Council and answered their
questions.
Agenda Item No. 5. Discuss arterial street lighting options. Civil Engineer James
presented this item to Council and answered their questions. Director Price also
answered Council’s questions.
Agenda Item No. 6. Discuss all items on tonight’s meeting agenda. City Council
reviewed the consent agenda items with city staff. Item 8A was added to the consent
agenda.
Mayor Wambsganss closed the work session at 6:12 p.m.
REGULAR SESSION:
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
Wambsganss at 6:12 p.m.
Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced City Council
would be going into Executive Session pursuant to the Texas Government Code
Section 551.071, seek advice from the city attorney, and Section 551.087, deliberation
regarding economic development negotiations. City Council adjourned for Executive
Session at 6:13 p.m.
Executive Session began at 6:45 p.m. and ended at 7:34 p.m.
Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting
at 7:44 p.m. and asked if any action was necessary from Executive Session. No action
was necessary.
Agenda Item No. 3A1. Mayor’s Report - update of upcoming meetings and events.
Mayor Wambsganss announced upcoming meetings and events. Councilmember Hill
discussed the SPARK event on February 24 which will present Rachel’s Challenge to
the community.
Agenda Item No. 3B1. City Manager’s Report – city projects progress report. City
Manager Yelverton reported on City projects and announced that Standard and Poor’s
upgraded the City’s bond rating from AA to AAA.
Agenda Item No. 3C. Parks and Recreation Board Report. Park Board member Elaine
Cox presented announced upcoming meetings and events.
CONSENT AGENDA:
Consent agenda items are considered to be routine by the City
Council and are enacted with one motion. Mayor Wambsganss read the items into the
record.
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Agenda Item No. 4A. Approve minutes from the February 3, 2009 regular City Council
meeting. The minutes were approved as presented.
Agenda Item No. 4B.Resolution No. 09-007, Approve a resolution of support for the
construction of the DFW Connector Project by TxDOT. A presentation was not made on
this item. In accordance with Section 4.21 of the City Charter, the caption for this item is
listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE
EMPHASIZING THE IMPORTANCE OF THE DFW CONNECTOR PROJECT TO THE
IMPROVEMENT OF TRANSPORTATION MOBILITY IN THIS AREA AND THE
ENTIRE DFW METROPLEX.
Agenda Item No. 4C. Approve the renaming of Plaza Park to "Frank Edgar Cornish, IV
Park." Director Tribble presented this item to Council during the work session. Mr.
Cornish’s wife, Robin, thanked Council for considering this item in honor of her late
husband.
Agenda Item No. 4D.Approve the concept design for improvements to the Plaza Park
pergolas. A presentation was not made on this item.
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Agenda Item No. 4E. Ordinance No. 480-579, 1 Reading (ZA08-062), Zoning Change
and Concept Plan for 520 South White Chapel Boulevard on property being described
asTract 3E, Hiram Granberry Survey, Abstract No. 581 and being located at 520 South
White Chapel Boulevard. Current Zoning: AG Agricultural District. Requested Zoning:
SF-20A Single Family Residential District. SPIN Neighborhood #14. This item was
tabled to the March 3, 2009, City Council meeting.
Agenda Item No. 8A. Resolution No. 09-009, Authorize the city attorney to bring
condemnation action for the purpose of obtaining a right of way for construction and
maintenance of roundabout intersection improvements at the intersection of East Dove
Road and North Carroll Avenue from Lot 1, Block 1, Emerald Estates South located at
2379 North Carroll Avenue. A presentation was not made on this item. In accordance
with Section 4.21 of the City Charter, the caption for this item is listed as follows:
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS AUTHORIZING THE CITY
ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF
OBTAINING A RIGHT OF WAY FOR THE PURPOSE OF CONSTRUCTION AND
MAINTENANCE OF ROUNDABOUT INTERSECTION IMPROVEMENTS OR FOR
OTHER PUBLIC PURPOSES PERMITTED BY LAW.
Motion was made to approve consent agenda items 4A; 4B; 4C; 4D; to table 4E to the
March 3, 2009 City Council meeting; and 8A.
Motion: Terrell
Second: Muyzka
Ayes: Hill, Muller, Muzyka, Stansell, Terrell, Wambsganss
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Nays: None
Approved: 6-0
REGULAR AGENDA:
Agenda Item No. 5. Public Forum. Mayor Wambsganss opened the public forum. No
one spoke during public forum.
Agenda Item 6A. ZA07-144, Site Plan for Lot 1, Players Circle on property being legally
described as Lot 1, Block 1, Players Circle Addition and being located at 1901 West
Southlake Boulevard. Current Zoning: C3 General Commercial District. SPIN
Neighborhood #16. Planner Comstock presented this item to Council. Applicant Bennet
Liu, 4628 Redwood Court, Irving, Texas answered Council’s questions. Council
discussed this request.
No one spoke during the public hearing.
Motion was made to deny ZA07-144, Site Plan for Lot 1, Players Circle.
Motion: Terrell
Second: Stansell
Ayes: Hill, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Abstains: Muller
Approved: 5-0-1 (to deny)
nd
Agenda Item No. 6B. Ordinance No. 480-578, 2 Reading (ZA08-075), Zoning Change
and Development Plan for Ridgeview at Southlake being Tracts 2A, 2A1, 2A5C, and
2A6, W.R. Eaves Survey, Abstract No. 500 and Tracts 1 and 1C, Thomas J. Thompson
Survey, Abstract No. 1502 and located at 505, 507, 511, 515, and 519 Davis Boulevard.
Current Zoning: AG Agricultural District, S-P-1 Detailed Site Plan District, and SF-20A
Single Family Residential District. Proposed Zoning: TZD Transition Zoning District.
SPIN Neighborhood #16. Planner Comstock presented this item to Council in
conjunction with item 6C. Applicant Curtis Young with Sage Group, 1130 North Carroll
Avenue, Southlake, Texas answered Council’s questions. In accordance with Section
4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS TRACTS 2A,
2A1, 2A5C, AND 2A6 IN THE W.R. EAVES SURVEY, ABSTRACT NO. 500 AND
TRACTS 1 AND 1C, THOMAS J. THOMPSON SURVEY, ABSTRACT NO. 1502,
SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 13.22 ACRES
AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM ““AG”
AGRICULTURAL DISTRICT, “S-P-1” DETAILED SITE PLAN DISTRICT, AND “SF-20A”
SINGLE FAMILY RESIDENTIAL DISTRICT TO “S-P-1” DETAILED SITE PLAN
DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED
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HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE
SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE
OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND
GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS
HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
No one spoke during the public hearing.
nd
Motion was made to approve Ordinance No. 480-578, 2 Reading (ZA08-075), Zoning
Change and Development Plan for Ridgeview at Southlake subject to the CC&R’s as
submitted; approving the modifications and variances as requested, however, requiring
a six-foot (instead of the proposed five-foot) sidewalk on Davis Boulevard; subject to
Development Review Summary No. 3, dated October 31, 2008; and subject to a
requirement that on-street parking not be restricted to businesses only.
Motion: Stansell
Second: Muzyka
Ayes: Hill, Muzyka, Stansell, Terrell, Wambsganss
Nays: Muller
Approved: 5-1
Agenda Item No. 6C.ZA08-102, Preliminary Plat for Ridgeview at Southlake being
Tracts 2A, 2A1, 2A5C, and 2A6 W.R. Eaves Survey, Abstract No. 500 and Tracts 1 and
1C, Thomas J. Thompson Survey, Abstract No. 1502 and being located at 505, 507,
511, 515, and 519 Davis Boulevard. Current Zoning: AG Agricultural District, S-P-1
Detailed Site Plan District, and SF-20A Single Family Residential District. Proposed
Zoning: TZD Transition Zoning District. SPIN Neighborhood #16. Planner Comstock
presented this item to Council in conjunction with item 6B. Applicant Curtis Young with
Sage Group, 1130 North Carroll Avenue, Southlake, Texas answered Council’s
questions.
Motion was made to approveZA08-102, Preliminary Plat for Ridgeview at Southlake
subject to Plat Review Summary No. 1, dated October 31, 2008.
Motion: Stansell
Second: Terrell
Ayes: Hill, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 6-0
nd
Agenda Item No. 6D.Ordinance No. 480-187b, 2 Reading (ZA08-109), Zoning
Change and Site Plan for The Spanish Schoolhouse at the 280 Sports Complex on
property being described asLot 2R, Block B, Commerce Business Park Addition and
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being located at 280 Commerce Street. Current Zoning: S-P-1 Detailed Site Plan
District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7.
Director Baker presented this item to Council and answered Council’s questions.
Applicant Christi Abercrombie answered Council’s questions. In accordance with
Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT
2R, BLOCK B, COMMERCE BUSINESS PARK, BEING APPROXIMATELY 4.15
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"S-P-1" DETAILED SITE PLAN DISTRICT WITH "I-1" LIGHT INDUSTRIAL DISTRICT
USES TO INCLUDE RETAIL FURNITURE SALES (AS CURRENTLY EXISTS) AND
INDOOR ENTERTAINMENT USES TO "S-P-1" DETAILED SITE PLAN DISTRICT
WITH "I-1" LIGHT INDUSTRIAL DISTRICT USES TO INCLUDE RETAIL FURNITURE
SALES (AS CURRENTLY EXISTS), INDOOR ENTERTAINMENT USES PRE-SCHOOL
AND KINDERGARTEN, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED
HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE
SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE
OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND
GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS
HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
No one spoke during the public hearing.
Council continued discussion of this request.
nd
Motion was made to approveOrdinance No. 480-187b, 2 Reading (ZA08-109), Zoning
Change and Site Plan for The Spanish Schoolhouse at the 280 Sports Complex subject
to the recommendations of the Planning and Zoning Commission; subject to City
Council’s motion on first reading; accepting the applicant’s commitment to install
Japanese holly outside the fence that will eventually grow six feet in height; requiring
the installation of a wrought iron fence which would be anchored as presented except
that the applicant will add stone columns in accordance with existing spacing that
already exists on the rest of the building with no less than four columns; and granting
the variance for the reduction in landscape islands.
Motion: Stansell
Second: Terrell
Ayes: Hill, Muzyka, Stansell, Terrell, Wambsganss
Nays: Muller
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Approved: 5-1
Agenda Item No. 6E.Resolution No. 09-008, (ZA08-099) Specific Use Permit for a
Mass Gathering for Southlake Green Day Event on property being described as Blocks
7 and 8, and adjacent right-of-way, Southlake Town Square, Phase I and being located
at 1400 Fountain Place and 1400 East Southlake Boulevard. Current Zoning: DT
Downtown District. SPIN Neighborhood #8. Director Baker presented this item to
Council and answered their questions. Director Tribble also answered Council’s
questions. Applicant Audra Lewandowski, 405 Indian Paintbrush Way, Southlake,
Texas, and President of Greenfellows, Inc. made a presentation and answered
Council’s questions. In accordance with Section 4.21 of the City Charter, the caption for
this item is listed as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
GRANTING A SPECIFIC USE PERMIT FOR A MASS GATHERING EVENT FOR
SOUTHLAKE GREEN DAY EVENT ON MARCH 28, 2009 ON PROPERTY LOCATED
AT 1400 FOUNTAIN PLACE AND 1400 EAST SOUTHLAKE BOULEVARD BEING
LEGALLY DESCRIBED AS BLOCKS 7 AND 8, AND ADJACENT RIGHT-OF-WAY,
SOUTHLAKE TOWN SQUARE, PHASE I, MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT “A”, AND AS DEPICTED ON THE APPROVED SITE PLAN
ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B” AND
PROVIDING AN EFFECTIVE DATE.
No on spoke during the public hearing.
Motion was made to approve Resolution No. 09-008, (ZA08-099) Specific Use Permit
for a Mass Gathering for Southlake Green Day Event as presented.
Motion: Stansell
Second: Hill
Ayes: Hill, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 6-0
Mayor Wambsganss called for a break at 9:29 p.m. and reconvened the meeting at 9:43
p.m.
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Agenda Item No. 7A. Ordinance No. 480-343a, 1 Reading (ZA08-112), Zoning
Change and Site Plan for Safety Town Park on property being described as Lot 3, Block
1, Corner Addition and being located at 2100 West Southlake Boulevard and 200 North
Randol Mill Avenue. Current Zoning: S-P-1 Detailed Site Plan District. Requested
Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #13. Director Baker
presented this item to Council. Chief Finn also made a presentation and answered
Council’s questions.
Council discussed this request.
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Assistant City Manager / Director Blagg answered Council’s questions.
Mayor Wambsganss allowed the public to speak.
Dianne Dorman, 100 Ascot Drive, Southlake, Texas stated her concerns about the
project.
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Motion was made to approve Ordinance No. 480-343a, 1 Reading (ZA08-112), Zoning
Change and Site Plan for Safety Town Park as presented.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Muller, Muzyka, Stansell, Terrell, Wambsganss
Nays: None
Approved: 6-0
Agenda Item No. 9A. Approve concept design for F.M. 1709 median landscaping.
Director Tribble presented this item to Council and answered Council’s questions.
Landscape Architect with Jacobs Engineering, Randy Sorensen, answered Council’s
questions. Council discussed this item.
Motion was made to approve concept design for F.M. 1709 median landscaping as
presented and directing staff to evaluate the extension of the Town Square median
portion to Summit Avenue as recommended by Councilmember Muller.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Muller, Muzyka, Terrell, Wambsganss
Nays: Stansell
Approved: 5-1
Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at
10:46 p.m.
*An audio recording of this meeting will be permanently retained in the City
Secretary’s Office.
______________________________
Andy Wambsganss
Mayor
ATTEST:
______________________________
Lori Payne, TRMC
City Secretary
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